Commingled Storage. Unless otherwise specified in Schedule A, all storage and throughput of Tesoro’s volumes shall be on a fungible commingled basis, and TLO may commingle such Products with Products of like grade and kind. All tank heels shall be allocated among all storage users on a pro rata basis. TLO shall have the right to enter into arrangements with third parties to throughput and store volumes of Products at each Terminal, provided however, that TLO shall not enter into any third party arrangements that would restrict or limit the ability of Tesoro to throughput the Stipulated Volume at each Terminal each Month without proration or allocation, on reasonable schedules consistent with Tesoro’s requirements, and to receive the Ancillary Services provided herein.
Commingled Storage. Carrier is not required to store Shipper’s Products in dedicated storage at the Terminal. Each Product may be stored in commingled storage with a product belonging to another Person; provided, however, that any product belonging to another Person and commingled with a Product belonging to Shipper shall meet or exceed the Specifications.
Commingled Storage. Except as otherwise specifically provided herein or in the Schedule, Company is not required to store Customer’s Products in dedicated storage. Each Product may be stored in commingled storage with third-party Product; provided, however, that any third-party Product commingled with a Customer Product shall meet or exceed the Specifications.
Commingled Storage. For Product stored in any Non-Dedicated Tank or other commingled tank, Operator will determine and communicate via written report, the Normal Losses occurring on a monthly basis, and settle these determinations promptly after the end of each calendar year during the Term or as of the termination of this Agreement, whichever occurs first. Operator will pay Customer for any Normal Losses that exceed the Loss Allowance in accordance with Section 8.3 of the GTCs; provided that Operator, in its sole discretion, may physically replace Product with in‑kind Product. The basis for the distribution of Normal Losses of Product in a commingled tank shall be prorated among the storage parties.
Commingled Storage. All storage and throughput of WNR’s volumes shall be on a fungible commingled basis, and WRT may commingle such volumes with products of like grade and kind. All tank heels shall be allocated among all storage users on a pro rata basis. WRT shall have the right to enter into arrangements with third parties to throughput and store volumes at each Terminal, provided however, that WRT shall not enter into any third party arrangements that would restrict or limit the ability of WNR to throughput or store the Minimum Product Throughput Commitment, Minimum Asphalt Throughput Commitment, Minimum Product Storage Commitment or Minimum Asphalt Storage Commitment at each Terminal each Month without proration or allocation, on reasonable schedules consistent with WNR’s requirements, and to receive the services provided herein.
Commingled Storage. Operator shall provide sufficient commingled space to allow throughput of the Minimum Throughput Capacity in a timely and ratable manner. Customer acknowledges that its Product may be commingled within the storage tanks at each Terminal with product of other customers, which shall be in compliance with the specifications set forth in Exhibit B.
Commingled Storage. The Parties acknowledge that while Carrier will provide storage at the Terminals as part of the “Base Throughput Fee” determined in accordance with Exhibit B, except as may be described in a separate storage service agreement(s), Carrier is not required to store Company’s Commodities in dedicated storage. Each Commodity may be stored in commingled storage in a Tank at a Terminal with a Commodity belonging to another Person; provided, however, that any Commodity belonging to another Person and commingled with a Commodity belonging to Company shall meet or exceed specifications established by Carrier for pipeline transportation of that Commodity (or in the absence of Carrier specifications, specifications established by Xxxxxxxx 66 Pipeline LLC for such Commodity and delivered to Carrier) in effect on the date of receipt of Company’s Commodity. Carrier shall not commingle Company’s Commodity with any other Commodity that does not meet such minimum Commodity specifications.
Commingled Storage. Carrier is not required to store Company’s Commodities in dedicated storage. Each Commodity may be stored in commingled storage in a Tank at a Terminal with a Commodity belonging to another Person, provided that any Commodity belonging to TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). another Person and commingled with a Commodity belonging to Company shall meet or exceed specifications established by Carrier for pipeline transportation of that Commodity (or in the absence of Carrier specifications, specifications established by Xxxxxxxx 66 Pipeline LLC for such Commodity) in effect on the date of receipt of Company’s Commodity. Carrier shall not commingle Company’s Commodity with any other Commodity that does not meet such minimum Commodity specifications.
Commingled Storage. Product may be commingled in Terminal tankage with the Product of other Terminal customers. Should the Product delivered by Customer into Terminal tankage contaminate, dilute or otherwise damage the Product of the other Terminal customers in the tankage, Customer shall be liable for, indemnify, defend and hold harmless Magellan, its parents and Affiliates, and its and their respective officers, directors, employees, agents, and other representatives from and against all Liabilities arising from or in connection with curing, removing, redesignating, downgrading or to remediate the product as contaminated by Customer’s Product, except to the extent that any such Liabilities arise from the negligence or willful misconduct of Magellan. If such an event should occur, Magellan will promptly notify Customer and in Magellan’s sole discretion, will proceed with either curing, redesignating, downgrading or, if possible, to remediate the product. Magellan will cooperate, to the extent possible, with Customer in the determination of the resulting product from any downgrade or redesignation of Customer’s Product that may occur from such an event. Should Customer’s Product be contaminated, diluted or otherwise damaged while held in commingled Terminal tankage by another Terminal customer’s product, the Customer will be promptly notified and in Magellan’s sole discretion, will proceed with either curing, redesignating, downgrading or, if possible, to remediate the product. Magellan will cooperate, to the extent possible, with Customer in the determination of the resulting product from any downgrade or redesignation of Customer’s Product that may occur from such an event.
Commingled Storage. Carrier is not required to store Company’s Commodities in dedicated storage. Each Commodity may be stored in commingled storage in a Tank at a Terminal with a Commodity belonging to another Person; provided, however, that any Commodity belonging to another Person and commingled with a Commodity belonging to Company shall meet or exceed specifications established by Carrier for pipeline transportation of that Commodity (or in the absence of Carrier specifications, specifications established by Xxxxxxxx 66 Pipeline LLC for such Commodity) in effect on the date of receipt of Company’s Commodity. Carrier shall not commingle Company’s Commodity with any other Commodity that does not meet such minimum Commodity specifications. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).
